McCRIMMON v. NEW YORK CITY HOUSING AUTHORITY


272 A.D.2d 210 (2000)

707 N.Y.S.2d 626

TEISHA McCRIMMON, an Infant, by Her Mother and Natural Guardian, ALICE McCRIMMON, et al., Respondents, v. NEW YORK CITY HOUSING AUTHORITY, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 23, 2000.


Plaintiff offered competent evidence sufficient to raise a triable issue of fact as to whether the building entrance lock was broken at the time of the attack, and, if so, whether defendant had notice thereof. Furthermore, the codefendant's criminal trial testimony, suggesting that he gained access to the building when a woman with a baby in arms held the door open for him, simply raises an issue of credibility for the jury. As the motion court noted, such testimony served...

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